Caribbean Community

Highlights for Wednesday, 28 August 2019 Box spotted puffer fish from the Philippines, photo by Marcelo Halpern The third session of the Intergovernmental Conference (IGC) on the Conservation and Sustainable Use of Marine Biodiversity of Areas Beyond National Jurisdiction (BBNJ) met in two informal working groups on marine genetic resources (MGRs), including benefit-sharing, and on cross-cutting issues. Delegates also met in “informal-informals” to consider aspects related to both area-based management tools (ABMTs), including marine protected areas (MPAs), and environmental impact assessments (EIAs). Delegates dove into choppy waters on Wednesday, opening discussions on some of the key underlying, or overarching, issues that have proved intractable in the past. They shared views on the terms to be included in the new agreement, specifically those related to MGRs, as well as on the most relevant principles on which the future agreement will be anchored. Highlights of the day included, inter alia: Discussions in the informal working group on cross-cutting issues, specifically related to principles and approaches, international cooperation, and implementation and compliance; Discussions in the informal working group on MGRs, touching on the need to align with definitions in relevant frameworks and bodies to maintain legal certainty; Informal-informal discussions on ABMTs, addressing who should be consulted on a proposal for an ABMT, and how these proposals will be assessed; and Informal-informals on EIAs, focusing on strategic environmental assessments, and a list of activities that do or do not require an EIA.  In the corridors, one observer lamented, “it seems like we are stuck in a loop: when we are looking at the substance, decisions are deferred for lack of a definition, and then once we get to the definitions, we are told to wait until we decide on substance.” Others were hopeful that as discussions enter the final stretch, delegates can finally begin to consider the central tenets of the future High Seas instrument, and that those discussions “will help us see the forest for the trees.”For more details on the day’s negotiations and to hear what delegates said in the corridors, see our daily Earth Negotiations Bulletin. IISD Reporting Services, through its ENB Meeting Coverage, has provided daily web coverage, daily reports, and a summary and analysis report from BBNJ IGC-3. The summary and analysis report is now available in HTML and PDF. Photos by IISD/ENB | Francis Dejon For photo reprint permissions, please follow instructions at our Attribution Regulations for Meeting Photo Usage Page. Informal Working Group L-R: Janine Coye-Felson, Belize, Facilitator of the informal working group on MGRs; Gabriele Goettsche-Wanli, Director, UN Division for Ocean Affairs and the Law of the Sea (UNDOALOS); and Charlotte Salpin, UNDOALOS Barbara Boechat, Brazil, on behalf of the Like-Minded Latin American Countries Janine Coye-Felson, Belize, Facilitator of the informal working group on MGRs Gou Haibo, China Fuad Bateh, Palestine, on behalf of the G-77/China Salaseini Tagicakibau, Fiji, on behalf of the Pacific Small Island Developing States (P-SIDS) Mehdi Remaoun, Algeria, on behalf of the African Group Ayodhia Kalake, Indonesia Susan Whelan, Holy See Babajide Alo, Nigeria Neha Lugo, US L-R: Kahlil Hassanali, Trinidad and Tobago, with Fuad Bateh, Palestine L-R: Gou Haibo, China, with Kjell Kristian Egge, Norway Sergey Leonidchenko, Russian Federation Yuko Hara, Japan Alain De Comarmond, Seychelles Drusila Esther Bayate, the Philippines Kjell Kristian Egge, Norway Juliette Babb-Riley, Barbados, on behalf of the Caribbean Community (CARICOM) Kenneth Wong, Singapore Gabrielle Chin, New Zealand Vasco Becker-Weinberg, Portugal Katie Hamilton, Australia Adem Bilgin, Turkey John Fintakpa Lamega, Togo Hendrik Segers, Belgium Kukhyun Ahn, Republic of Korea L-R: Ronan Long, Ireland, in conversation with Muhammad Taufan, Indonesia L-R: Felizardo Pulumbarit, the Philippines, in consultation with Drusila Esther Bayate, the Philippines L-R: Teresa Cruz Sardiñas, Cuba, with Maribel Alvárez, Costa Rica Matthías Pálsson, Iceland, with delegates from the Republic of Korea Bird's eye view of the informal working group on cross-cutting issues Miguel de Serpa Soares, Secretary-General of the IGC, Under-Secretary-General for Legal Affairs and UN Legal Counsel IGC President Rena Lee, Singapore, and Facilitator of the informal working group on cross-cutting issues Thembile Joyini, South Africa Margo Deiye, Nauru, on behalf of P-SIDS Diedre Mills, Jamaica, on behalf of CARICOM Maria Juliana Tenorio, Colombia, on behalf of the Like-Minded Latin American Countries

Highlights for Tuesday, 27 August 2019 Long-legged spider crab from Cuba, photo by Marcelo Halpern The third session of the Intergovernmental Conference (IGC) on the Conservation and Sustainable Use of Marine Biodiversity of Areas Beyond National Jurisdiction (BBNJ) met in an informal working group on area-based management tools (ABMTs), including marine protected areas (MPAs). Delegates also met in three “informal-informals” to continue discussing aspects related to environmental impact assessments (EIAs), marine genetic resources (MGRs), including questions on the sharing of benefits, and cross-cutting issues. In their discussions, delegates broached what some have characterized as “sticky” issues. Highlights of the day included: Informal-informals on EIAs, which focused on cumulative and transboundary impacts; Informal-informals on MGRs, especially addressing intellectual property rights within the new High Seas agreement;  Informal-informals on cross-cutting issues, specifically related to financial resources; and Discussions in the informal working group on ABMTs, including MPAs, related to the proponent and content of ABMT proposals. In the corridors, some were concerned that “we have forgotten why we are here,” noting the need for the new High Seas agreement to conserve marine biodiversity and, in many cases, give it a chance to regenerate. “Look up from the text,” urged one delegate, emphasizing that the existing governance regime is “fragmented and not fit for purpose,” and rallying delegates to adopt a strong High Seas treaty to address the current gaps.For more details on the day’s negotiations and to hear what delegates said in the corridors, see our daily Earth Negotiations Bulletin. IISD Reporting Services, through its ENB Meeting Coverage, has provided daily web coverage, daily reports, and a summary and analysis report from BBNJ IGC-3. The summary and analysis report is now available in HTML and PDF. Photos by IISD/ENB | Francis Dejon For photo reprint permissions, please follow instructions at our Attribution Regulations for Meeting Photo Usage Page. Informal Working Group Alice Revell, New Zealand, Facilitator of the informal working group on ABMTs, including MPAs Gabriele Goettsche-Wanli, Director, UN Division of Ocean Affairs and Law of the Sea (UNDOALOS) Janine Coye-Felson, Belize, on behalf of the Caribbean Community (CARICOM ) Alain Tellier, Canada Teresa Cruz Sardiñas, Cuba Ramon van Barneveld, EU Ana Villalobos, Costa Rica Saravanane Narayanane, India Sarah Weiss Ma'udi, Israel Hussain Sinan, Maldives Delegates from New Zealand in consultation Jean Kenfack, Cameroon Huang Yingni, China Matthías Pálsson, Iceland Alex Macdonald, New Zealand Kjell Kristian Egge, Norway Kristina Gjerde, IUCN Florian Botto, Monaco Desirée Eve Maaño, the Philippines Takehiro Nakamura, UN Environment Programme (UNEP) Aysecan Crabtree, Turkey Milinda Gunetilleke, Sri Lanka Sira Swangsilpa, Thailand Willington Rentería, Ecuador Ryan Keightley, Australia L-R: IGC President Rena Lee, Singapore; Alice Revell, New Zealand, Facilitator of the informal working group on ABMTs, including MPAs; and Gabriele Goettsche-Wanli, Director, UNDOALOS L-R: Generoso Calonge, the Philippines, conferrring with Desirée Eve Maaño, the Philippines L-R: Matthías Pálsson, Iceland, in conversation with Susan Whelan, Holy See Participants from the Strong High Seas Project

Highlights for Monday, 26 August 2019 Horse eye jacks from Cuba, photo by Marcelo Halpern The third session of the Intergovernmental Conference (IGC) on the Conservation and Sustainable Use of Marine Biodiversity of Areas Beyond National Jurisdiction (BBNJ) met throughout the day on Monday, 26 August 2019, in informal working groups on capacity building and the transfer of marine technology (CB&TT), and on cross-cutting issues. Delegates also met in two closed-door “informal-informals,” to discuss aspects related to environmental impact assessments (EIAs), and area-based management tools (ABMTs), including marine protected areas (MPAs).For the better part of the day, they considered types of CB&TT, whether and where to include a potential list of these activities in the new High Seas agreement, as well as matters related to monitoring and review, definitions, and the list over types of CB&TT in the annex. They also considered, as part of CB&TT, the clearing-house mechanism, discussing the types and functions of such a mechanism. Highlights of the day included, among others: Informal-informals on EIAs, which focused on matters regarding monitoring, reporting, and review; Informal-informals on ABMTs, including MPAs, focusing on the objectives of ABMTs as well as aspects related to monitoring and review;  Discussions in the informal working group on CB&TT, on aspects of a clearing-house mechanism, specifically the types and modalities of such a mechanism; and Discussions in the informal working group on cross-cutting issues, addressing other aspects of the clearing-house mechanism. In the corridors, one exasperated developing country delegate was adamant about the need for “hard rules to guide capacity building and the transfer of marine technology” for the effective implementation of the new High Seas treaty, adding that CB&TT needs to be understood as being driven by developing countries. Commenting on the closed-door sessions, another delegate opined that “the format and time constraints prevent us from addressing crucial linkages,” still remaining optimistic that “we will get there.”For more details on the day’s negotiations and to hear what delegates said in the corridors, see our daily Earth Negotiations Bulletin. IISD Reporting Services, through its ENB Meeting Coverage, has provided daily web coverage, daily reports, and a summary and analysis report from BBNJ IGC-3. The summary and analysis report is now available in HTML and PDF. Photos by IISD/ENB | Francis Dejon For photo reprint permissions, please follow instructions at our Attribution Regulations for Meeting Photo Usage Page. Informal Working Group Olai Uludong, Palau, Facilitator of the informal working group on CB&TT L-R: Alice Hicuburundi, Jessica Howley, and Lika Diouf, UN Division of Ocean Affairs and Law of the Sea (UNDOALOS) Kimberly Louis, Saint Lucia, on behalf of the Caribbean Community (CARICOM ) Ana Elizabeth Villaita Vizcorra, El Salvador, on behalf of the Like-Minded Latin American Countries Sunan Rustam, Indonesia Terje Lobach, Norway Tetsuya Yoshimoto, Japan Oleg Rykov, Russian Federation Evan Bloom, US Marco D'Alessandro, Switzerland Amanda Richards, New Zealand Fuad Bateh, Palestine, on behalf of the G-77/China L-R: Mehdi Remaoun, Algeria, in conversation with Mohamed Lamine Sidibé, Guinea Generoso Calonge, the Philippines Sujin Seo, Republic of Korea Harriet Harden-Davies, Intergovernmental Oceanographic Commission (IOC-UNESCO) Fakasoa Tealei, Tuvalu, on behalf of the Pacific Small Island Developing States (P-SIDS) Hiroko Muraki Gottlieb, International Council of Environmental Law Blaise Kuemlangan, Food and Agriculture Organization of the UN (FAO) Yang Liu, China Mehdi Remaoun, Algeria, on behalf of the African Group Katie Hamilton, Australia Carl Grainger, EU IGC President Rena Lee, Singapore, and Facilitator of the informal working group on Cross-Cutting Issues Olai Uludong, Palau, Facilitator of the informal working group on CB&TT L-R: Olai Uludong, Palau, Facilitator of the informal working group on CB&TT, Joan Yang, Nauru; and Gabriele Goettsche-Wanli, Director, UNDOALOS Delegates from Belize in consultation L-R: Gemma Andreone, Italy, and Eva Vázquez, Spain IGC President Rena Lee, Singapore, with UNDOALOS Secretariat staff and UNDOALOS Fellows IGC President Rena Lee, Singapore, with delegates from Nigeria Closed-door informal-informals

Highlights for Friday, 23 August 2019 Hawksbill sea turtle from the Bahamas, photo by Marcelo Halpern The third session of the Intergovernmental Conference (IGC) on the Conservation and Sustainable Use of Marine Biodiversity of Areas Beyond National Jurisdiction (BBNJ) met on Friday, 23 August 2019, in an informal working group on marine genetic resources (MGRs), including benefit-sharing. Delegates also met in two closed-door “informal-informals” to discuss MGRs, and environmental impact assessments (EIAs). Highlights of the day include: Informal-informals on MGRs, with discussions focusing on monitoring the use of MGRs in areas beyond national jurisdiction; Informal-informals on EIAs, focusing on thresholds and criteria, including discussions on the assessment of activities within national jurisdiction that may cause pollution or harm to the marine environment; and Discussions in an open informal working group on MGRs on the objectives and scope related to MGRs, including considerations on whether or not to include fish, digital sequencing information, and derivates in the new High Seas treaty. At the beginning of the session, Janine Coye-Felson (Belize), Facilitator of the informal working group on MGRs, provided an overview of the closed-door discussions related to access to MGRs and benefit-sharing. She highlighted differing views on access, including on, inter alia: its definition, with some preferring not defining access at all; regulation modalities, with delegates favoring, inter alia, free and unimpeded access, subject to prior notification, or subject to a licensing system; and applicability regarding MGRs ex situ and in silico. On benefit-sharing, opinions differed on, among others: the qualifiers of benefit-sharing; activities triggering benefit-sharing; and its voluntary or mandatory nature. In the corridors, one seasoned observer reflected on the need for flexibility: “The thing to keep in mind is that no one is going to be totally pleased with the final outcome.” Delegates left for the day, planning to do lots of homework over the weekend as well as attend a couple of interesting workshops, which could provide information and, crucially, language to bridge the chasms that still exist in the negotiations.For more details on the day’s negotiations and to hear what delegates said in the corridors, see our daily Earth Negotiations Bulletin. IISD Reporting Services, through its ENB Meeting Coverage, has provided daily web coverage, daily reports, and a summary and analysis report from BBNJ IGC-3. The summary and analysis report is now available in HTML and PDF. Photos by IISD/ENB | Francis Dejon For photo reprint permissions, please follow instructions at our Attribution Regulations for Meeting Photo Usage Page. Informal Working Group L-R: IGC President Rena Lee, Singapore, Janine Coye-Felson, Belize, Facilitator of the informal working group on MGRs; and Gabriele Goettsche-Wanli, Director, UN Division for Ocean Affairs and the Law of the Sea (UNDOALOS) L-R: Charlotte Salpin, Bingzhuo Li, and Bart Smit Duijzentkunst, UNDOALOS Barbara Boechat, Brazil, on behalf of the Like-Minded Latin American Countries John Fintakpa Lamega, Togo Juliette Babb-Riley, Barbados, on behalf of the Caribbean Community (CARICOM) Konrad Marciniak, EU Huang Yingni, China Felizardo Pulumbarit, the Philippines Matthías Pálsson, Iceland Coumba Gaye, Senegal Hiroko Muraki Gottlieb, International Council of Environmental Law Adem Bilgin, Turkey Delegates from the EU in consultation Blaise Kuemlangan, Food and Agriculture Organization of the UN (FAO) Salaseini Tagicakibau, Fiji Gabrielle Chin, New Zealand Sergey Leonidchenko, Russian Federation Hussain Sinan, Maldives Evan Bloom, US Mardhiah Ridha Farid, Indonesia Duncan Currie, High Seas Alliance Marco D'Alessandro, Switzerland Fuad Bateh, Palestine, on behalf of the G-77/China Ali Nasimfar, Iran Tilani Silva, Sri Lanka Natthakit Singto, Thailand Lionel Yee, Singapore Janine Coye-Felson, Belize, Facilitator of the informal working group on MGRs Delegates from Indonesia reviewing draft text L-R: Paul Susman, European Commission, with Guido Genrich, Germany Delegates from Chile and Mexico discussing provisions on MGRs after the informal working group. Delegates from Senegal and Togo L-R: Panelists from the side event on “Transnational cooperation for addressing BBNJ, empirical lessons of small island developing states” with Joseph Appiott, Convention on Biological Diversity; Carole Claire Durussel, Institute for Advanced Sustainability Studies; Landisang Kotaro, Palau; Masanori Kobayashi, Ocean Policy Research Institute of the Sasakawa Peace Foundation; and Nicholas Chan, Palau

Highlights for Thursday, 22 August 2019 Art installation of marine plastic pollution by Greenpeace and the High Seas Alliance The third session of the Intergovernmental Conference (IGC) on the Conservation and Sustainable Use of Marine Biodiversity of Areas Beyond National Jurisdiction (BBNJ) met on Thursday, 22 August 2019, in an informal working group on environmental impact assessments (EIAs). Delegates also met in two closed-door “informal-informals” to discuss: marine genetic resources (MGRs), including questions on the sharing of benefits; and area-based management tools (ABMTs), including marine protected areas (MPAs). During the informal working group on EIAs, delegates discussed scoping, screening, and impact assessments and evaluation. Highlights of the day include: Informal-informals on MGRs, with discussions focusing on the historically contentious issue of the fair and equitable sharing of benefits; Informal-informals on ABMTs, focusing on the monitoring and review of areas under protection; and Discussions in plenary on scoping, screening, and impact assessment and evaluation related to EIAs, where delegates considered the role of the state and other entities in the conduct of these activities, and whether to include socio-economic and cultural impacts as part of scoping measures. In the morning, Facilitator René Lefeber (the Netherlands) summarized Wednesday’s informal-informal discussions on EIAs, which focused on decision making, and the relationship with EIA processes under other relevant global, regional, and sectoral bodies. On decision making, he noted, inter alia, that divergent positions remain around whether this should take place at the national or international level. On the relationship with EIA processes under other relevant global, regional, and sectoral bodies, Lefeber highlighted that participants considered whether, among other issues, there is potential for developing common standards between the new agreement and relevant bodies, under the discussion on global minimum standards for the conduct of EIAs. In the corridors, some shared that segments of the informal-informals were “getting tense, as delegates continue to provide suggestions based on deeply entrenched positions which are sometimes polar opposites of each other,” without discussing how to bridge these long-standing disagreements. Noting that “these issues will define the course of the entire treaty,” one delegate suggested that the Conference consider designating “a lot more time” to address them.For more details on the day’s negotiations and to hear what delegates said in the corridors, see our daily Earth Negotiations Bulletin. IISD Reporting Services, through its ENB Meeting Coverage, has provided daily web coverage, daily reports, and a summary and analysis report from BBNJ IGC-3. The summary and analysis report is now available in HTML and PDF. Photos by IISD/ENB | Francis Dejon For photo reprint permissions, please follow instructions at our Attribution Regulations for Meeting Photo Usage Page. Informal Working Group L-R: IGC President Rena Lee, Singapore, and René Lefeber, the Netherlands, Facilitator of the informal working group on EIAs View of the informal working group Tetsuya Yoshimoto, Japan Wini Broadbelt, EU Sora Lokita, Indonesia Yordanka Stoimenova, Canada Sonam Yangchen, Bhutan Jean Kenfack, Cameroon Janice Mose Kamakeza, Solomon Islands Rishy Bukoree, Mauritius Veronica Bustamante, Ecuador Maria Pia Benosa, the Philippines L-R: Janine Coye-Felson, Belize, conferring with Juliette Babb-Riley, Barbados Huang Yingni, China Tanvir Ahmad Torophder, Bangladesh Jihyun Lee, International Seabed Authority Daniel Leal Matta, Guatemala, for the Like-Minded Latin American Countries Cymie Payne, IUCN Lisa Speer, Natural Resources Defense Council John Fintakpa Lamega, Togo Evan Bloom, US Sergey Leonidchenko, Russian Federation Kahlil Hassanali, Trinidad and Tobago, for the Caribbean Community Delegates from Kiribati reviewing draft text L-R: Michele Ameri, Fernando Cabrera Díaz, and Amanda Stoltz, UNDOALOS L-R: Aung Thura and Maria Antoinette Trillo, UN conference officers Delegates from the Philippines Delegates from Namibia, Solomon Islands, and Nauru L-R: Fran Humphries, Alexandra Phelan, Fernanda Jiménez, and Hiroko Muraki, International Council of Environmental Law Photos in the corridors